WHAT SHOULD I DO TO REDEEM THE PROPERTY THAT MY CHILD SOLD?

Because of the need for money to play games, my 12-year-old son was lured by Mr. A to sell the mountain bike that my wife and I tried to save money to buy for going to school. The bike is sold at a price of VND 2,000,000. We found out this problem because my son recently often came home late from school, and we do not see the bike anymore. So, may I ask that if we can redeem the bike? 

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. Based on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:

Pursuant to Clause 3 Article 21 of the Civil Code 2015, which provides: “Each person who is from six to under eighteen years of age must have the consent of his/her legal representative to enter in and perform civil transactions, except for civil transactions which are performed for the purpose of meeting the needs of daily life suitable for the age group.”

Article 125 of the Civil Code 2015 provides the provisions on the invalidity of civil transactions established and performed by minors or legally incapacitated persons or persons with limited cognition and behavior control or persons with limited legal capacity as follows: “When a civil transaction is established or performed by a minor, a legally incapacitated person, a person with limited cognition and behavior control, or a person with limited legal capacity, a court shall, at the request of the representative of that person, declare such transaction invalid, if it is provided for by law that such transaction must be established and performed by or with the consent of the representative of that person.”

Pursuant to the above provisions, it can be seen that your son sells the bike to get money to play games, which is not a transaction to meet the needs of daily life suitable for the age of 12. Therefore, this sale of the bike must be agreed upon by the father/mother. In this case, without the consent of the parents, the Court will declare that this transaction is invalid, and both parties will return to each other what they have received.

Based on the analysis above, FDVN proposes that you should ask Mr.A to return the bike, and at the same time you will refund the amount of VND 2,000,000 that your son received from Mr. A. In case that Mr. A rejects to cooperate, you can file a lawsuit to request the Court to declare the sale and purchase invalid and resolve the legal consequences of the invalid transaction.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Lê Quân – FDVN Law Firm

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